Canberra Development Pte Ltd v Mercurine Pte Ltd

Canberra Development Pte Ltd v Mercurine Pte Ltd

Default Judgment was irregular because it was entered for an excessive sum which was not a mere clerical error and therefore, rather than amending the judgment, it ought to be set aside; defendant raised triable issues so setting aside would not be futile; defendant's delay and subsequent conduct did not amount to prejudice or waiver sufficient to deny relief, and omission to produce the O13 r4(1) certificate was curable.

Citation
[2007] SGHC 107
Parties
Plaintiff: Canberra Development Pte Ltd; Defendant: Mercurine Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
28 June 2007
Case Number
Suit 861/2005, SUM 1843/2007
Procedural Posture
Civil (high Court) Suit 861/2005, SUM 1843/2007 / Summons to Set Aside Default Judgment Under O13 R8 (application Heard)
Outcome
Default judgment dated 9 January 2006 set aside.
Legal Topics
Irregular Judgment, Default Judgment, Set Aside, Summary Judgment Standard, Set Off, Possession of Immovable Property, Delay in Seeking Relief
Source Language
English
Civil Procedure Contract Landlord and Tenant Enforcement of Judgments Irregular Judgment Default Judgment Set Aside Summary Judgment Standard +3 more

Case Brief

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Parties

Canberra Development Pte Ltd

Plaintiff

Mercurine Pte Ltd

Defendant

Procedural Posture

Civil (high Court) Suit 861/2005, SUM 1843/2007 / Summons to Set Aside Default Judgment Under O13 R8 (application Heard)

Legal Issues

  1. 1 Whether an irregular default judgment must be set aside as of right irrespective of merits
  2. 2 What standard of defence must be shown to set aside an irregular default judgment
  3. 3 Whether a judgment entered for an excessive sum is to be amended or set aside

Ratio Decidendi

Default Judgment was irregular because it was entered for an excessive sum which was not a mere clerical error and therefore, rather than amending the judgment, it ought to be set aside; defendant raised triable issues so setting aside would not be futile; defendant's delay and subsequent conduct did not amount to prejudice or waiver sufficient to deny relief, and omission to produce the O13 r4(1) certificate was curable.

Court Disposition

Default judgment dated 9 January 2006 set aside.

Orders

  • Default Judgment dated 9 January 2006 in Suit 861/2005 is set aside.
  • Parties to be heard on defendant's application for stay pending outcome of Suit No 244/2007 and on plaintiff's proposal for monthly escrow payments representing the market rent difference and on costs.